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Environmental Assessment Regulations

made under

Section 49 of the

Environment Act

S.N.S. 1994-95, c. 1

O.I.C. 95-220 (effective March 17 , 1995), N.S. Reg. 26/1995

amended to O.I.C. 2026-191 (effective June 10, 2026), N.S. Reg. 144/2026

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions for the Act and these regulations

Application of the regulations

Exemptions

Administrator

Advisor

Alternate dispute resolution

Registration

Notice

Class I and Class II undertakings

Factors relevant to the Minister’s decision

Minister’s decision upon registration of Class I undertaking

Focus report

Public comment on focus report

Review of focus report

Minister’s decision on focus report

Terms of reference

Notice of terms of reference

Environmental-assessment report

Review of environmental-assessment report

Environmental-assessment report accepted

Public consultation on environmental-assessment reports

Referral to board [review panel]

Administrator’s

summary of comments/recommendation

Ministerial decision

Commence work on approved undertaking

Notice

Schedule A—Designated Class I and Class II Undertakings

Class I Undertakings

A. Industrial facilities

B. Mining

C. Transportation

D1. Renewable energy

D2. Energy

D3. Renewable and alternative fuels

E. Waste management

F. Other

Class II Undertakings

A. Industrial facilities

B. Energy

C. Waste Management

Citation

1 These regulations may be cited as the “ Environmental Assessment Regulations ”.

Definitions for the Act and these regulations

(1) In these regulations,

“Act” means the Environment Act ;

“ Activities Designation Regulations ” means the Activities Designation Regulations

made under the Act;

“alternative fuel” means alternative fuel as defined in

Part 6 of Division V of the

Activities Designation Regulations ;

“alternative fuel facility” means an alternative fuel facility as defined in

Part 6 of

Division V of the Activities Designation Regulations ;

“contaminated material” means a solid or semi-solid mixture that may contain

stone, soil, ash, grit, surface coating, sediment, sludge or other matter containing a

contaminant resulting from the release of a substance;

“day” means a calendar day, except for December 23rd to January 2nd, which are

counted as 1 day;

“Department” means the Department of Environment and Climate Change;

“environmental health” means those aspects of human health that are or can be

affected by contaminants or changes in the environment;

“hydrogen facility” means a facility that produces, generates or stores hydrogen gas

or ammonia whether within the facility or in a standalone facility;

“mineral” means a mineral as defined in the Mineral Resources Act ;

“mitigate” means, with respect to an undertaking, to eliminate, reduce, or control

the adverse effects or the significant environmental effects of an undertaking, and

may include restitution for any damage to the environment caused by such effects

through replacement, restoration, compensation or any other means;

“oil refinery” means a facility used for manufacturing hydrocarbon products from

condensate, crude oil, synthetic crude oil, wood products or other hydrocarbon

feedstock;

“paper product” means a product made from pulp;

“petrochemical manufacturing plant” means a plant that manufactures organic

chemical substances produced from petroleum-based materials, but does not

include any of the following:

(

i) an oil refinery,

(ii) a natural gas processing plant,

(iii) a plant that only blends or packages petrochemicals;

“pit” means a ground disturbance or excavation made for the purpose of removing

aggregate from the environment without using explosives;

“pulp” means processed cellulose fibres that are derived from wood or other plant

material;

“quarry” means a ground disturbance or excavation made for the purpose of

removing aggregate from the environment with the use of explosives.

“significant” means, with respect to an environmental effect, an adverse effect that

occurs or could occur as a result of any of the following:

(

i) the magnitude of the effect,

(ii) the geographic extent of the effect,

(iii) the duration of the effect,

(iv) the frequency of the effect,

(

v) the degree of reversibility of the effect,

(vi) the possibility of occurrence of the effect;

“smelter” means a pyrometallurgical industrial facility that recovers a metal or

metals from mineral concentrates by heating the concentrates to a point where

melting and a chemical change occur s and that produces more than 1 tonne per day

of product;

“syngas” means syngas as defined in

Part 6 of Division V of the Activities

Designation Regulations ;

“thermal treatment process” means a thermal treatment process as defined in

Part 6

of Division V of the Activities Designation Regulations .

(2) In the Act and these regulations,

“commence work” means, with respect to an undertaking, to begin construction or

site preparation activity for an undertaking or any part of an undertaking;

“extension” means, with respect to an undertaking, an increase in the size, volume

or other dimension of the undertaking that may cause adverse effects or significant

environmental effects if not properly mitigated;

“modification” means, with respect to an undertaking, a change to the undertaking

that may cause adverse effects or significant environmental effects if not properly

mitigated, and includes all of the following:

(

i) an expansion of the same process,

(ii) a change in products used or produced,

(iii) replacement of equipment with different technology other than that

presently in use.

Application of the regulations

(1) Undertakings and classes of undertakings listed in

Schedule “A” to these

regulations are designated as undertakings or classes of undertakings, as the case

may be, to which

Part IV of the Act applies.

(2) The Act and these regulations may apply to a modification, extension,

abandonment, demolition or rehabilitation of an undertaking listed in

Schedule

“A” which was established either before or after March 17, 1995.

Exemptions

(1) These regulations and

Part IV of the Act do not apply to any of the following:

(

a) routine maintenance or repair of existing facilities;

(

b) policies, plans or programs developed after March 17, 1995, which will not

directly or indirectly cause an adverse effect or a significant environmental

effect;

(ba) a pit or quarry operated as described in subsection (2);

(

c) an undertaking that was registered pursuant to

Section 149 of the Revised

Statutes of Nova Scotia, 1989, the Environmental Assessment Act, and

regulations made thereunder.

(2) The Department of Public Works shall ensure that a pit or quarry established solely

to provide fill or aggregate for road building or maintenance contracts with the

Department of Transportation and Infrastructure Renewal is operated in accordance

with all applicable guidelines and regulations under the Act.

Administrator

5 The Minister may appoint an Administrator to administer these regulations.

Advisor

6 The Minister may appoint a person, establish an advisory committee and retain an expert

to advise the Minister with respect to any matter relating to an undertaking registered

under

Part IV of the Environment Act .

Alternate dispute resolution

(1) An undertaking may be referred to an alternate dispute resolution procedure in

accordance with the provisions of the Act and regulations where the Minister

believes an alternate dispute resolution technique is appropriate for the resolution

of a dispute or an issue.

(2) Where an undertaking is referred to an alternate dispute resolution procedure, the

Minister may

(

a) require the results of the alternate dispute resolution procedure to be

reported to the Minister by a time to be specified in the referral; or

(

b) adjust the time limits in these regulations to accommodate the alternate

dispute resolution procedure.

(3) Where time limits are adjusted in accordance with subsection (2), the Minister or

the Administrator shall notify the proponent in writing.

8 [repealed]

Registration

(1) The registration of an undertaking required by clause 33(

a) of the Act must occur

before a proponent proceeds with the final design of an undertaking.

(1A) To register an undertaking, a proponent must submit all of the following to the

Department:

(

a) all applicable fees prescribed under the Act;

(

b) a registration document in the format provided by the Administrator that

includes all of the following:

(

i) the name of the proposed undertaking,

(ii) the location of the proposed undertaking,

(iii) the name, address and identification of the proponent,

(iv) a list of contact persons for the proposed undertaking and their

contact information,

(

v) the name and signature of the Chief Executive Officer or a person

with signing authority, if the proponent is a corporation;

(vi) details of the nature and sensitivity of the area surrounding the

proposed undertaking,

(vii) the purpose and need for the proposed undertaking,

(viii) the proposed construction and operation schedules for the

undertaking,

(ix) a description of the proposed undertaking,

(

x) environmental baseline information,

(xi) a list of the licences, certificates, permits, approvals and other forms

of authorization that will be required for the proposed undertaking,

(xii) all sources of any public funding for the proposed undertaking,

(xiii) all steps taken by the proponent to identify the concerns of the public

and the Mi’kmaq of Nova Scotia about the adverse effects or the

environmental effects of the proposed undertaking,

(xiv) a list of all concerns expressed by the public and the Mi’kmaq of

Nova Scotia about the adverse effects or the environmental effects of

the proposed undertaking,

(xv) all steps taken or proposed to be taken by the proponent to address

concerns of the public and the Mi’kmaq of Nova Scotia identified

under subclause (xiv),

(xvi) an assessment of climate-change-related environmental effects,

including positive and adverse effects,

(xvii) a plain-language

summary of the undertaking, its environmental

effects, including both positive and adverse effects, and any efforts to

mitigate its environmental effects, to be posted on the government’s

website,

(xviii)the environmental effects of the undertaking, including both positive

and adverse effects.

(2) To assist in the assessment of the undertaking, the proponent may provide

information in addition to that required under subsection (1A).

(3) The proponent may be required by the Administrator to provide additional copies

of information included with a registration.

(4) The date of registration for an undertaking is 7 days after the applicable fees are

paid and all information specified in subsection (1A) has been received by the

Department.

Notice

(1) On the registration date of a Class I undertaking, a proponent must provide notice

to the public by at least 2 of the following means:

(

b) websites;

(

c) e-mail distribution lists;

(

d) newspapers;

(

e) radio;

(

f) mail outs;

(

g) flyers;

(

h) local bulletin boards.

(2) Within 14 days of the registration date of a Class II undertaking, the Administrator

must publish a notice in the manner provided in

Section 29 stating that the

undertaking has been registered, and that the public may submit comments on the

proposed terms of reference for the environmental assessment report within 30

days of the date the notice is published.

(3) A notice referred to in subsection (1) must state that written comments may be

submitted to the Administrator within 40 days of the date the notice is published.

(4) A notice referred to in subsection (1) must include all of the following information:

(

a) the name and address of the proponent;

(

b) the proposed location of the proposed undertaking;

(

c) the nature of the proposed undertaking;

(

d) the registration date under the Act and regulations;

(

e) the proposed commencement date and project schedule, if applicable;

(

f) the locations where registration information may be viewed by the public.

Class I and Class II undertakings

(1) With respect to a Class I undertaking listed in

Schedule “A” or an undertaking

which the Minister determines to be a Class I undertaking, the environmental

assessment process

(

a) shall include registration;

(

b) may include a focus report, terms of reference, and an environmental-assessment report;

(

c) may include alternate dispute resolution; and

(

d) may include referral to a review panel where an environmental-assessment

report is required.

(2) With respect to a Class II undertaking listed in

Schedule “A” or an undertaking

which the Minister determines to be a Class II undertaking, the environmental

assessment process

(

a) shall include registration, terms of reference, and an environmental-assessment report;

(

b) may include alternate dispute resolution; and

(

c) shall include referral to a review panel.

(3) If the Minister is of the opinion that any of the following is an undertaking, the

Minister must classify the undertaking as either Class I or Class II and must advise

the proponent in writing of the classification and, if not already registered, the

requirement to register the undertaking in accordance with the Act and regulations:

(

a) a policy, plan or program;

(

b) a modification, extension, abandonment, demolition or rehabilitation of an

undertaking.

Factors relevant to the Minister’s decision

12 All of the following information shall be considered by the Minister in formulating a

decision under subsection 34(1) of the Act:

(

a) the location of the proposed undertaking and the nature and sensitivity of

the surrounding area;

(

b) the size, scope and complexity of the proposed undertaking;

(

c) concerns expressed by the public and the Mi’kmaq of Nova Scotia about the

adverse effects or the environmental effects of the proposed undertaking;

(

d) steps taken by the proponent to address concerns expressed by the public

and the Mi’kmaq of Nova Scotia about the adverse effects or the

environmental effects of the proposed undertaking;

(da) whether environmental baseline information submitted under subclause

9(1A)(b)(

x) for the undertaking is sufficient for predicting adverse effects or

environmental effects related to the undertaking;

(

e) potential and known adverse effects or environmental effects of the

proposed undertaking, including identifying any effects on species at risk,

species of conservation concern and their habitats;

(

f) project schedules where applicable;

(

g) planned or existing land use in the area of the undertaking;

(

h) other undertakings in the area;

(ha) whether compliance with licences, certificates, permits, approvals or other

documents of authorization required by law will mitigate the environmental

effects;

(hb) climate-change-related environmental effects, including both positive and

adverse effects;

(hc) environmental effects, including positive and adverse effects;

(

i) such other information as the Minister may require.

Minister’s decision upon registration of Class I undertaking

(1) No later than 50 days following the date of registration, the Minister shall advise

the proponent in writing of the decision under subsection 34(2) of the Act

(

a) that the registration information is insufficient to allow the Minister to make

a decision and additional information is required;

(

b) that a review of the information indicates that there are no adverse effects or

significant environmental effects which may be caused by the undertaking

or that such effects are mitigable and the undertaking is approved subject to

or regulation;

(

c) that a review of the information indicates that the adverse effects or

significant environmental effects which may be caused by the undertaking

are limited and that a focus report is required;

(

d) that a review of the information indicates that there may be adverse effects

or significant environmental effects caused by the undertaking and an

environmental-assessment report is required; or

(

e) that a review of the information indicates that there is a likelihood that the

undertaking will cause adverse effects or significant environmental effects

which are unacceptable and the undertaking is rejected.

(2) Where additional information is required pursuant to clause (1)(a), the proponent

(

a) shall submit the required information as an addendum to the original

registration information and

Section 12 applies; and

(

b) except as provided in subsection (3), shall submit the required information

no later than 1 year after the date the proponent is advised under clause

13(1)(a);

(

c) if the Minister considers it necessary to fulfill the notification requirements

of clause 33(

b) of the Act, may be required by the Minister to publish a

notice in the same manner as the original notice under

Section 10

announcing the release of the additional information to the public and

stating that written comments may be submitted about the additional

information to the Department.

(3) If the Minister considers that the time period prescribed in clause 13(2)(

b) is

insufficient, the Minister may extend the time for filing of the information and

shall advise the proponent in writing.

(4) If additional information is submitted under clause (1)(a), the Minister shall,

within 50 days, advise the proponent in writing of the decision under subsection

34(2) of the Act.

14 [repealed]

Focus report

(1) Where a focus report is required under clause 34(1)(

b) of the Act, the

Administrator shall provide the proponent with written terms of reference for the

preparation of the focus report within 25 days following the decision made by the

Minister.

(2) Within 1 year following the date that the Administrator provides the written terms

of reference under subsection (1), the proponent shall prepare the focus report and

shall provide

(

a) the focus report in printed form and in such other format [as] requested by

the Administrator; and

(

b) the number of copies of the focus report required by the Administrator.

(3) Where, in the opinion of the Minister, the time period prescribed in subsection

(2) is insufficient, the Minister may extend the time for preparation of the focus report

and shall advise the proponent in writing.

(4) If the supply of copies of the focus report required pursuant to subsection (2) is

exhausted during the assessment process, the proponent shall, if requested by the

Administrator, provide additional copies of the focus report within 7 days

following the request by the Administrator.

Public comment on focus report

(1) Within 14 days following receipt of the copies referred to in

Section 15, the

Administrator shall publish, in the manner provided in

Section 29, a notice to

announce the release of the focus report to the public and shall state that written

comments may be submitted to the Administrator within 30 days following the

date of publication of the notice.

(2) Where, in the opinion of the Minister, the 30 day review period is insufficient, the

Minister may extend the review period and shall advise the proponent in writing.

Review of focus report

(1) The Administrator shall, within 25 days following the final date for public

comments, submit to the Minister a

summary of comments provided by

provincial, federal and municipal departments and agencies and the public together

with a recommendation respecting the approval or rejection of the undertaking.

(2) Where, in the opinion of the Minister, the time period prescribed in subsection

(1) is insufficient, the Minister may extend the review period and shall advise the

proponent in writing.

Minister’s decision on focus report

18 Within 14 days following the date of the

summary and recommendation provided under

Section 17, [the] Minister shall advise the proponent in writing of the decision

(

a) that a review of the focus report indicates that, within the limits of the focus

report terms of reference, there are no adverse effects or significant

environmental effects which may be caused by the undertaking or that such

effects are mitigable and the undertaking is approved subject to specified

regulation;

(

b) that a review of the focus report indicates that there may be adverse effects

or significant environmental effects which may be caused by the

undertaking and an environmental-assessment report is required; or

(

c) that a review of the focus report indicates that there is a likelihood that the

undertaking will cause adverse effects or significant environmental effects

which are unacceptable and the undertaking is rejected.

Terms of reference

(1) Where an environmental-assessment report is required, the Administrator shall

prepare terms of reference for the preparation of the environmental-assessment

report which shall include, but not be limited to, the following information:

(

a) a description of the proposed undertaking;

(

b) the reason for the undertaking;

(

c) other methods of carrying out the undertaking;

(

d) a description of alternatives to the undertaking;

(

e) a description of the environment that might reasonably be affected by the

undertaking;

(

f) the environmental effects of the undertaking, including identifying any

effects on species at risk, species of conservation concern and their habitats;

(

g) an evaluation of advantages and disadvantages to the environment of the

undertaking;

(

h) measures that may be taken to prevent, mitigate or remedy negative

environmental effects and maximize the positive environmental effects on

the environment;

(

i) a discussion of adverse effects or significant environmental effects which

cannot or will not be avoided or mitigated through the application of

environmental control technology;

(

j) a program to monitor environmental effects produced by the undertaking

during its construction, operation and abandonment stages;

(

k) a program of public information to explain the undertaking;

(

l) information obtained under subsection (2) which the Administrator

considers relevant.

(2) The terms of reference specified under subsection (1) shall be prepared taking into

consideration comments from

(

a) the public;

(

b) departments of Government;

(

d) municipalities in the vicinity of the undertaking or in which the undertaking

is located;

(

e) any affected Mi’kmaq of Nova Scotia or cultural community; and

(

f) neighbouring jurisdictions to Nova Scotia in the vicinity of the undertaking.

(3) [repealed]

(4) [repealed]

(5) Within 5 days following the expiry of the period specified in

Section 19A, the

Administrator shall

(

a) advise the proponent of any comments received in response to invitations

under

Section 19A, and

(

b) advise the proponent that the proponent has 21 days to respond in writing to

the comments.

(6) Within 14 days following the final date for written response from the proponent,

the Administrator shall provide the proponent with final written terms of reference

for the environmental-assessment report.

Notice of terms of reference

19A

(1) To give the public and proponent an opportunity to comment under clause 36(

b) of

the Act, the Administrator must publish a notice of the proposed terms of reference

in the manner set out in

Section 29 no later than 14 days after the date the

proponent is advised of the need for an environmental-assessment report for their

Class I undertaking.

(2) A notice of proposed terms of reference must state that the public may submit

comments on the proposed terms of reference to the Department within 30 days

following the date of publication of the notice.

Environmental-assessment report

(1) Within 2 years following the date of the final written terms of reference, the

proponent shall provide

(

a) the final draft of the environmental-assessment report in printed form and in

such other format requested by the Administrator; and

(

b) the number of copies of the final draft of the environmental-assessment

report required by the Administrator.

(2) Where required studies would cause the preparation of the environmental-assessment report to exceed the 2 year period prescribed in subsection (1), the

Minister may extend the time period by 1 year and shall advise the proponent in

writing.

Review of environmental-assessment report

(1) The proponent may submit a preliminary draft of the environmental-assessment

report to the Administrator.

(2) The Administrator shall examine any preliminary draft or the final draft of the

environmental-assessment report to determine whether it addresses the items

specified in the terms of reference.

(3) Within 14 days following receipt of the final draft of the environmental-assessment

report, the Administrator shall advise the proponent in writing that

(

a) the final draft of the environmental-assessment report does not address the

items specified in the terms of reference or is deficient in any respect and

additional information is required to complete the final draft of the

environmental-assessment report; or

(

b) the final draft of the environmental-assessment report addresses the items

specified in the terms of reference and is accepted.

(4) The proponent shall submit the additional information required under clause (3)(

a) and the procedures and requirements of subsections (1), (2) and (3) apply.

Environmental-assessment report accepted

(1) Where the proponent is advised in writing that the final draft of the environmental-assessment report is accepted under clause 21(3)(b), the proponent shall provide

(

a) the environmental-assessment report in printed form and in such other

format requested by the Administrator; and

(

b) the number of copies of the environmental-assessment report required by

the Administrator.

(2) Copies of the environmental-assessment report required by subsection (1) shall be

submitted within 14 days following the date of the acceptance by the

Administrator of the final draft of the environmental-assessment report under

clause 21(3)(

b) unless the time limit has been extended in writing by the

Administrator.

(3) If the supply of copies of the environmental-assessment report required pursuant to

subsection (1) is exhausted, the proponent shall, if requested by the Minister or the

Administrator, provide additional copies of the environmental-assessment report

no later than 14 days after the date they are requested to the Administrator.

Public consultation on environmental-assessment reports

(1) For an environmental-assessment report for a Class I undertaking that is not

referred to a review panel, the Administrator shall, no later than 12 days after

receiving copies of the final draft of the report, publish a notice in the manner set

out in

Section 29 announcing the release of the environmental-assessment report to

the public and shall state in the notice that the public may submit written

comments to the Administrator within 48 days following the date of publication of

the notice.

(2) If the Minister considers the time period for submitting comments under

subsection (1) to be insufficient, the Minister may extend the deadline and shall

advise the proponent in writing of the decision.

(3) For an environmental-assessment report for a Class I undertaking that is referred to

a review panel or for an environmental-assessment report for a Class II

undertaking, public notice and consultation shall be in accordance with the

Environmental Assessment Review Panel Regulations .

Referral to board [review panel]

(1) Within 10 days following receipt of the copies referred to in subsection 22(2) with

respect to a Class I undertaking, the Minister may refer the environmental-assessment report to a review panel.

(2) Within 10 days following receipt of the copies referred to in subsection 22(2) with

respect to a Class II undertaking, the Minister shall refer the environmental-assessment report to a review panel.

Administrator’s

summary of comments/recommendation

(1) For a Class I undertaking not referred to a review panel, the Administrator shall

within 25 days following the final date for public comments on the environmental-assessment report, submit to the Minister a

summary of comments provided by

provincial, federal and municipal departments and agencies and the public together

with recommendations respecting the approval or rejection of the undertaking.

(2) Where, in the opinion of the Minister, the time period prescribed in subsection

(1) is insufficient, the Minister may extend the time period and shall advise the

proponent in writing.

Ministerial decision

(1) Within 21 days following receipt by the Minister of

(

a) a

summary of comments or recommendations respecting the undertaking by

the Administrator;

(

b) the results of an alternate dispute resolution where an undertaking is referred

to an alternate dispute resolution procedure; or

(

c) a report and recommendation by a review panel where an environmental-assessment report is referred to a review panel;

whichever occurs later, the Minister shall make a decision in accordance with

Section 40 of the Act.

(2) [repealed]

Commence work on approved undertaking

(1) Where an undertaking is approved by the Minister under

Section 40 of the Act, the

proponent shall within 2 years of the approval commence work on the undertaking.

(2) The Minister may extend the time period provided in subsection (1) in writing if a

request is made by the proponent in writing and the Minister considers the request

to be valid and reasonable.

28 [repealed]

Notice

(1) If the Minister or the Administrator is required by the Act or these regulations to

provide notice to the public, the notice may be provided by any of the following

means:

(

b) websites;

(

c) e-mail distribution lists;

(

d) newspapers;

(

e) radio.

Schedule A—Designated Class I and Class II Undertakings

Class I Undertakings

The following are designated as Class I undertakings under the Act:

A. Industrial facilities

1. A storage facility that has a total storage capacity of over 5000 m 3 and is intended

to hold liquid or gaseous substances, such as hydrocarbons or chemicals other than

water.

2. A facility for manufacturing wood products that are pressure treated with chemical

products.

3. A facility that produces fish meal.

4. A rendering plant.

5. An onshore pipeline that is 5 km or longer, other than a pipeline that carries any of

the following:

(

a) natural gas, if the pipeline has a maximum operating pressure below 3450

kPa (500 psig);

(

b) water;

(

c) steam;

(

d) domestic wastewater.

5A. A hydrogen facility, but only if the facility is otherwise designated as a Class I

undertaking.

6. A natural gas processing plant.

7. A paper product manufacturing plant.

8. An oil refinery that

(

a) produces no more than 200 000 L of hydrocarbon products per day; and

(

b) uses a feedstock that meets all of the following criteria:

(

i) it contains no more than 1% sulphur or sulphur compounds by

weight;

(ii) it does not contain halogenated compounds.

B. Mining

1. A facility that extracts or processes any of the following:

(

a) metallic or non-metallic minerals;

(

b) coal;

(

c) peat;

(

d) peat moss;

(

e) gypsum;

(

f) limestone;

(

g) bituminous shale;

(

h) oil shale.

2. A pit or quarry, other than a pit or quarry exempted under

Section 4 of the

regulations for the Department of Transportation and Infrastructure Renewal, that

is larger than 4 ha in area for extracting one of the following:

(

a) ordinary stone;

(

b) building or construction stone;

(

c) sand;

(

d) gravel;

(

e) ordinary soil.

C. Transportation

1. The construction of a new paved highway that is longer than 2 km and is designed

for 4 or more lanes of traffic.

2. The construction of a new paved highway that is longer than 10 km and is

designed for 2 or more lanes of traffic.

D1. Renewable energy

1. An energy-generating facility, other than an emergency generator that meets any of

one of the following:

(

a) it has a production rating of at least 2 MW derived from wind, tides or

waves;

(

b) it has a production rating of at least 2 MW and no more than 25 MW

derived from hydroelectricity, other than run-of-the-river facilities under

10 MW;

(

c) it has a production rating of 16 MW or more derived from fuels other than

fossil fuels, including biomass, biogas and landfill gas.

D2. Energy

1. A corridor for 1 or more electric power transmission lines that have a cumulative

voltage rating equal to or greater than 345 kV.

2. An energy-generating facility, other than an emergency generator, that meets any

one of the following:

(

a) it has a thermal capacity of 200 MWt or less derived from nuclear reactors;

(

b) it has a production rating of at least 44 MW and no more than 300 MW

derived from any liquid or gaseous fossil fuel or hydrogen;

(

c) it has a production rating of at least 1 MW and no more than 10 MW

derived from coal or petroleum coke.

D3. Renewable and alternative fuels

1. A facility that produces greater than 1000 m 3 , 1000 L or 1000 kg per day of

gaseous or liquid fuel or chemicals by using a thermal treatment process, except all

of the following facilities:

(

a) an oil refinery;

(

b) a re-refinery;

(

c) natural-gas-processing facility;

(

d) a facility that processes clean biomass only;

(

e) a facility that produces fuel that is completely consumed onsite for the

generation of heat, steam or electricity.

2. A facility that produces greater than 1000 m 3 or 1000 L per day of alternative fuels

or syngas, but does not include an oil refinery, a petrochemical manufacturing plant

or an energy-generating facility.

E. Waste management

1. A facility for storing, processing, treating or disposing of waste dangerous goods

that were not produced at that facility, except all of the following facilities:

(

a) a facility operated by, or on behalf of, a municipality or Provincial agency

for waste dangerous goods collected only from residential premises;

(

b) a facility in which asbestos waste is stored, if waste dangerous goods are not

otherwise processed, treated or disposed of at that facility;

(

c) a facility in which lead acid battery waste is stored, if waste dangerous

goods are not otherwise processed, treated or disposed of at that facility.

2. A facility for treating, processing or disposing of contaminated materials that is

located at a site other than where the contaminated materials originated.

F. Other

1. An undertaking that involves transferring water between drainage basins, if the

drainage area containing the water to be diverted is larger than 1 km 2 .

2. An undertaking that disrupts a total of 2 ha or more of any wetland.

Class II Undertakings

The following are designated as Class II undertakings under the Act:

A. Industrial facilities

1. A facility for manufacturing, processing or reprocessing radioactive materials.

2. A heavy water plant.

3. A pulp mill.

4. A petrochemical manufacturing plant.

5. A cement plant.

6. An oil refinery other than an oil refinery listed as a Class 1 undertaking.

7. A non-ferrous or ferrous metal smelter.

8. [repealed]

9. A ferro-alloy plant.

B. Energy

1. An energy generating facility, other than an emergency generator, that meets any

one of the following:

(

a) it has a production rating of more than 25 MW derived from

hydroelectricity;

(

b) it has a production rating of greater than 300 MW derived from any liquid

or gaseous fuel or hydrogen;

(

c) it has a production rating of 10 MW or more from coal or petroleum coke.

2. A water reservoir that has a storage capacity of 10 000 000 m 3 or more than the

mean volume of the natural water body source for which it is a reservoir.

C. Waste Management

1. An incinerator as defined in the Solid Waste-Resource Management Regulations

made under the Act.

Legislative History

Reference Tables

Environmental Assessment Regulations

N.S. Reg.

26/1995

Environment Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Environmental Assessment Regulations made

under the Environment Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

26/1995

Mar

17, 1995

date

specified

Apr

14, 1995

71/2000

Apr

26, 2000

date

made

May

19, 2000

44/2003

Feb

28, 2003

date

specified

Mar

21, 2003

348/2008

Aug 6,

date

specified

Aug

29, 2008

277/2009

Sep

15, 2009

date

specified

Oct 9,

18/2013

Jan

22, 2013

date

specified

Feb 8,

171/2016

Sep

13, 2016

date

specified

Sep

30, 2016

120/2017

Aug 8,

date

specified

Aug

18, 2017

221/2018

Dec

10, 2018

date

specified

Dec

21, 2018

328/2022

Dec

19, 2022

date

specified

Dec

30, 2022

93/2025

May 7,

date

specified

May

30, 2025

144/2026

Jun 10,

date

specified

Jun

26, 2026

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

2 ........................................................

rs . 348/2008

2(1) ...................................................

am. 221/2018 (clause lettering removed)

2(1), defn . of “ Activities

Designation Regulations ” .............................

ad. 93/2025

2(1), defn . of

“alternative fuel” ...

ad. 93/2025

2(1), defn . of

“alternative fuel” facility”

ad. 93/2025

2(1), defn . of

“Department” ........

ad. 93/2025

2(1), defn . of “hydrogen

facility”

ad. 328/2022

2(1), defn . of “oil

refinery” .........

am. 221/2018

2(1), defn . of “syngas” ................

ad. 93/2025

2(1), defn . of “thermal

treatment process” ..................................................

ad. 93/2025

2(2) ...................................................

am. 221/2018 (clause lettering removed)

4 ........................................................

ra. as 4(1) 348/2008

4(1) ...................................................

ra. from 4 348/2008 ; am. 348/2008

4( 1)( ba ) ........................................

ad. 348/2008

4(2) ...................................................

ad. 348/2008 ; am. 93/2025

6 ........................................................

rep. 348/2008

ad. 93/2025

7(1) ...................................................

am. 348/2008

8 ........................................................

rep. 348/2008

9 ........................................................

am. 93/2025 (“subsection (1)” replaced throughout with

“subsection (1A)”)

9(1) ...................................................

rs . 348/2008

9(1A) ................................................

ad. 348/2008

9(1 A)( b) ............................................

am. 93/2025 (“aboriginal people” replaced throughout with

“the Mi’kmaq of Nova Scotia”)

9(1 A)( b)(xv) ................................

am.

93/2025

9(1 A)( b)(xvi)-(xviii) ...................

ad. 93/2025

9(4) ...................................................

ad. 348/2008

10 ......................................................

rs . 93/2025

10(1) ............................................

am. 348/2008

10(1 A)-( 1B) ................................

ad. 348/2008

10(3)-(4) ......................................

am. 348/2008

11(3) .................................................

rs . 348/2008

12 ......................................................

am. 348/2008

12(b) ............................................

am. 348/2008

12(c) ............................................

am. 348/2008, 93/2025

12(d) ............................................

am. 348/2008; rs . 93/2025

12(da) ..........................................

ad. 348/2008

12(e) ............................................

rs . 348/2008

12(ha) ..........................................

ad. 348/2008

12( hb )-( hc ) ..................................

ad. 93/2025

13(1) .................................................

am. 348/2008

13(2)(a) .............................................

am. 348/2008

13(2)(b) .............................................

rep. 348/2008 ;

ad. 348/2008

13(2)(c) .............................................

ad. 348/2008

13(3)-(4) ...........................................

ad. 348/2008

14 ......................................................

rep. 348/2008

15(1) .................................................

am. 348/2008

16(1) .................................................

am. 348/2008

18 ......................................................

am. 348/2008

19(1)(f) .............................................

am. 348/2008

19(2) .................................................

am. 348/2008

19(2)(e) ........................................

am. 93/2025

19(3)-(4) ...........................................

rep. 348/2008

19(5) .................................................

am. 348/2008

19A ...................................................

ad. 348/2008

20(1)(a)-(b) .......................................

am. 348/2008

21(3) .................................................

am. 348/2008

22(2) .................................................

am. 348/2008

22(3) .................................................

am. 348/2008

23 ......................................................

rs . 348/2008

23(3) ............................................

am. 18/2013

26(1) .................................................

am. 348/2008

26(2) .................................................

rep. 348/2008

27(1) .................................................

am. 348/2008

28 ......................................................

rep. 348/2008

29(1) .................................................

rs . 93/2025

29(2) .................................................

rs . 348/2008; rep. 93/2025

30-31 .................................................

rep. 348/2008

Schedule A

entire

schedule ..................................

rs . 348/2008

Class I, item A,

Section 5A ..............

ad. 328/2022

Class I, item A,

Section 6 .................

rs . 71/2000

Class I, item A,

Section 8 .................

ad. 277/2009 ; am.

221/2018

Class I, item D ..................................

rep. 93/2025

Class I, item D,

Section 2 ............

ad. 44/2003

Class I, items D1-D3 ........................

ad. 93/2025

Class I, item E,

Section 1 .................

rs . 120/2017

Class I, item E,

Section 3 .................

ad. 171/2016 ; rep. 93/2025

Class II, item A,

Section 6 ...............

am. 277/2009

Class II, item A,

Section 8 ...............

rep. 144/2026

Class II, item B, clause 1.( b) ............

rs . 93/2025

Class II, item B, clause 1.( c) ............

rs . 93/2025

Class II, item B, clause 1.( d) ............

rep. 93/2025

Class II, item C,

Section 1 ................

am. 44/2003; rs . 171/2016

“ the Board” replaced with “a

review panel” throughout ......................................

am. 18/2013

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

References in

Schedule A, Class I,

Section B, item

2(2)(

a) to the Department of Transportation and Communications should be read

as references to the Department of Transportation and Public Works in

accordance with O.I.C. 96-216 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Apr 1, 1996

References to the Department and Minister of

Environment should be read as references to the Department and Minister of

Environment and Labour in accordance with O.I.C. 2000-484 under the Public Service Act , R.S.N.S. 1989, c.

Oct 1, 2000

References in

Schedule A, Class I,

Section B, item

2(2)(

a) to the Department of Transportation and Communications should be read

as references to the Department of Transportation and Infrastructure Renewal

in accordance with O.I.C. 2007-533 under the Public Service Act , R.S.N.S. 1989, c. 376.

(corrected by N.S. Reg. 348/2008)

Oct 23, 2007

References to the Department and Minister of

Environment should be read as references to the Department and Minister of

Environment in accordance with O.I.C. 2008-161 under the Public Service Act , R.S.N.S. 1989, c. 376.

(corrected by N.S. Reg. 348/2008)

Mar 31, 2008

Definitions in s. 2 placed in alphabetical order for

the purposes of this consolidation.

Dec 10, 2018

References to the Department of Transportation and

Infrastructure Renewal should be read as references to the Department of

Transportation and Active Transit in accordance with O.I.C. 2021-56 under the Public Service Act , R.S.N.S. 1989,

c. 376.

Feb 23, 2021

References to the Department of Transportation and

Infrastructure Renewal should be read as references to the Department of

Public Works in accordance with O.I.C. 2021-209 under the Public Service Act , R.S.N.S. 1989, c.

Aug 31, 2021

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

94/1989

Environmental

Assessment Regulations made under the Environmental

Assessment Act

July

14, 1989

Mar

17, 1995

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.